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Can I Lose My Current Job Because a Co-Worker Comes Back to Work from Medical Leave

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  • 12-16-2010, 10:54 AM
    celliottii
    Can I Lose My Current Job Because a Co-Worker Comes Back to Work from Medical Leave
    My question involves labor and employment law for the state of: Michigan

    I work for a uniform rental company as a route driver. The drivers are part of the Teamsters Union.

    Last January, one of our drivers, with 20 years seniority, hurt his back at home and has been on medical leave ever since. At the time, I was the Route Relief Driver and took over his route. In August, after I had successfully rebuilt his route (improved customer relations, increased the weekly revenue, increased effieciency on the route) I was permentantly assigned as the Route Driver for this route.

    The injured driver did not file Workman's Compensation as he hurt himself at home. Our CBA only states that the injured driver cannot lose his seniority if he returns to work after a medical leave within 12 months. The contract is silent in regards to him receiving his same route back. The driver has been medically cleared to come back to work next week.

    The company has admitted that I am an asset to the route and the sole customer has also stated they would prefer to work with me as opposed to the injured driver.

    Does the company have to give the injured driver this route back? Or does this follow into the guidelines of the company only having to provide the driver with a job within the company?

    Also, because of seniority, can the driver bump me off this route, even though the CBA does not cover this exact situation?

    Thank you for your time. When answering, can you please provide a weblink or Michigan Law code to the source, if possible.
  • 12-16-2010, 01:14 PM
    cbg
    Re: Can I Lose My Current Job Because a Co-Worker Comes Back to Work from Medical Lea
    As far as the law goes, yes, you can lose your job when he comes back to work; not because there is a law I can link you to that gives the employer permission to let you go, but because no law exists which says that he can't. Google, at will employment.

    Therefore, this becomes a matter of your union contract. If the contract allows you to be let go in this situation then you can; if it does not allow it then you can't. You being the only one here who has read your CBA, that's as far as we can take it.
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